Macaluso v. New York State Department of Environmental Conservation

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

In this action brought pursuant to 42 U.S.C. § 1983, defendants move to dismiss the complaint or, in the alternative, to quash service of process, due to insufficient process and defective service of process. Fed.R.Civ.P. 12(b)(4), (5).1 For the reasons discussed below, the Court quash*17es all attempts to serve process. Plaintiffs are granted twenty (20) days in which to effect proper service.

Facts

In this case there are two groups of defendants: (1) the “State Defendants”— the New York State Department of Environmental Conservation (“DEC”), along…